JUDGMENT :

1. Heard learned senior counsel Sri D.Prakash Reddy for appellant and learned counsel Sri Trideep Pais representing learned counsel for respondent Mrs Shireen Sethna Baira.

2. Parties are referred to hereunder as arrayed before the Commercial Court in COP Nos. 19 and 18 of 2022 on the file of the Court of Principal Special Court in the Cadre of District Judge for Trial and Disposal of Commercial Disputes at Hyderabad.

3. Petitioner and respondent entered into Multi Annual Agreement (for short, ‘MAA’) on 4.5.2011 for the purpose of purchase and supply of Wind Turbine Generators for the total capacity of 2000 MW during the term from 2011 to 2016. Said MAA provided for committed Minimum volume of 1635 in Megawatts which was mandatorily to be off taken by the respondent for each delivery year commencing from 2011 till 2016 and supplied by the petitioner. MAA provided that in the event of failure of either party to comply with their mandatory obligations, the breaching party is liable to pay liquidated damages to other party. Compliance of MAA required petitioner to incur substantial investments towards establishment of factory, cost of raw material, plant and machinery, changes